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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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capquest/Egg CCA failure to comply


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Hello

 

I have a lot of debt issues that I m trying to sort out and with help of this site it is going well so far. Great to have friends when you need them.

I have a debt with egg they are claiming £3554.26. They sold debt to Capquest. Sent CCA request on 18/12/06 they sent copy signed agreement with their letter dated 17th January so over the 12 working days. They did not, however enclose any terms and conditions or statement of account which I understand is not full compliance of the CCA request. Is this the case? If so should I advise them or just wait until 42 day is passed(12 plus 30 days) when they would have commited an offence. We are currently day 35. Advice would be appreciated on what tack to take.They have put account on hold until 26th January to await my response and payment.

Many Thanks

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  • 1 month later...

CapQuest like all debt collection agencies need a licence from the OFT. If what was sent to you was sent by CapQuest, ask them if they intend to stand in court in place of Egg, but address your letter to CapQuest Company Secretary (find name/address from Companieshours.gov.uk for £2). Probably your case is wandering from basket to basket, through layers and layers of bureaucracy. If you show you are not a person to be bullied, that you are far more willing to stand in court than Egg......

 

 

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  • 4 years later...

As i understand if they cannot provide you with a credit agreement then they must provide you with the terms and conditions of the loan i.e;amount lent amount to repay,amount to repay p.m,interest rate p.a,total to repay inc interest.If they cannot provide EITHER( the last need not have a signature,only your name)then they are in breach of OFT guidelines.Complain to the OFT.

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